[Federal Register: April 14, 2004 (Volume 69, Number 72)]
[Rules and Regulations]
[Page 19762-19763]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap04-6]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1210
Safety Standard for Cigarette Lighters; Adjusted Customs Value
for Cigarette Lighters
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
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SUMMARY: The Commission has a safety standard requiring that disposable
and novelty lighters meet specified requirements for child-resistance.
The rule defines disposable lighters, in part, as refillable lighters
that use butane or similar fuels and have a Customs Value or ex-factory
price below a threshold value (initially set at $2.00). The standard
provides that the initial $2.00 value adjusts every 5 years for
inflation as measured by the percentage change since June 1993 in the
appropriate Wholesale Price Index for which cigarette lighters are a
part, as published by the Department of Labor's Bureau of Labor
Statistics (``BLS'') (now referred to as the Producer Price Index for
Miscellaneous Fabricated Products). The adjustment is rounded to the
nearest $0.25 increment. With this notice, the Commission adds to the
rule a statement that the import value adjusted to $2.25 when the June
2003 Index was finalized by BLS in November 2003. This information was
also conveyed to the public by a Commission press release issued
January 5, 2004.
This notice also makes a technical correction to change the term
``Wholesale Price Index'' to ``Producer Price Index for Miscellaneous
Fabricated Products.''
DATES: This rule is effective April 14, 2004.
FOR FURTHER INFORMATION CONTACT: Joe Vogel, Office of Compliance,
Consumer Product Safety Commission, Washington, DC 20207; telephone
(301) 504-7599; e-mail jvogel@cpsc.gov.
SUPPLEMENTARY INFORMATION:
Background
In 1993, the Commission issued a standard that required disposable
and novelty lighters to meet certain requirements for child-resistance.
The standard defines disposable lighters as those that either are (1)
non-refillable or (2) use butane or similar fuels and have ``a Customs
Valuation or ex-factory price under $2.00, as adjusted every 5 years,
to the nearest $0.25, in accordance with the percentage changes in the
monthly Wholesale Price Index from June 1993.'' 16 CFR
1210.2(b)(2)(ii).
Thus, the rule provides for the $2.00 threshold to adjust in
accordance with inflation. The rule provides for adjustment to be
rounded to the nearest twenty-five cents. Adjustment did not occur in
1998 because change in the Index since June 1993 was not sufficient to
warrant an adjustment.
The name of the Wholesale Price Index has changed to the Producer
Price Index. The Index that includes cigarette lighters is the Producer
Price Index for Miscellaneous Fabricated Products (hereafter ``the
Index''). The Bureau of Labor Statistics generally releases the Index
figures for the month of June in July, and the figures are subject to
revision for four months.
Adjustment to $2.25 occurred as of November 2003. This figure is
based on an 8% increase since June 1993 in the Index rounded to the
nearest twenty-five cents.
The staff was concerned that there could be confusion about the
exact amount and timing of the increase without specific notice from
the Commission. So, on January 5, 2004, the Commission issued a press
release notifying the public of the change in the price of lighters
included in the cigarette lighter standard due to the adjustment and
indicating that the adjustment would be enforced prospectively from
March 1, 2004 (available on CPSC's Web site at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.cpsc.gov/cpscpub/prerel/prhtm104/04060.html). To provide
enhanced notice to those subject to the standard of this and any future
[[Page 19763]]
adjustments, the Commission is adding a statement to the standard that
states the adjusted $2.25 value.
This notice also makes a technical correction to change the term
``Wholesale Price Index'' to ``Producer Price Index'' and notes that
the specific Producer Price Index currently applicable to cigarette
lighters is the Producer Price Index for Miscellaneous Fabricated
Products.
The Administrative Procedure Act
Section 553(b)(3)(B) of the Administrative Procedure Act (``APA'')
authorizes an agency to dispense with notice and comment procedures
when the agency, for good cause, finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
This amendment adds a statement to inform the public of an adjustment
that has occurred automatically according to the terms of the cigarette
lighter regulation. Accordingly, the Commission finds that notice and
comment is unnecessary.
The APA also authorizes an agency, ``for good cause found and
published with the rule,'' to dispense with the otherwise applicable
requirement that a rule be published in the Federal Register at least
30 days before its effective date. 5 U.S.C. 553(d)(3). The Commission
hereby finds that a 30 day delay of the effective date is unnecessary
because this amendment informs the public of an adjustment that has
occurred automatically in accordance with the requirements of the
cigarette lighter standard.
List of Subjects in 16 CFR Part 1500
Cigarette lighters, Consumer protection, Fire prevention, Hazardous
materials, Infants and children, Labeling, Packaging and containers,
Reporting and recordkeeping requirements.
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Accordingly, 16 CFR part 1210 is amended as follows:
PART 1210--SAFETY STANDARD FOR CIGARETTE LIGHTERS
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1. The authority for part 1210 continues to read as follows:
Authority: 15 U.S.C. 2056, 2058, 2079(d).
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2. Revise Sec. 1210.2(b)(2)(ii) to read as follows:
Sec. 1210.2 Definitions.
* * * * *
(b) * * *
(2) * * *
(ii) It has a Customs Valuation or ex-factory price under $2.00, as
adjusted every 5 years, to the nearest $0.25, in accordance with the
percentage changes in the appropriate monthly Producer Price Index
(Producer Price Index for Miscellaneous Fabricated Products) from June
1993. The adjusted figure, based on the change in that Index since June
1993 as finalized in November 2003, is $2.25.
Dated: April 6, 2004.
Todd Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 04-8400 Filed 4-13-04; 8:45 am]
BILLING CODE 6355-01-P